People v. Payton
Decision Date | 03 February 2017 |
Parties | The PEOPLE of the State of New York, Respondent, v. Leevester L. PAYTON, Defendant–Appellant. |
Court | New York Supreme Court — Appellate Division |
Timothy P. Donaher, Public Defender, Rochester (William G. Pixley of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
Defendant appeals from a judgment convicting him upon a jury verdict of assault in the second degree (Penal Law § 120.05[2] ). Contrary to defendant's contention, viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). "Any inconsistencies in the victim's testimony were highlighted by defense counsel, and the jury's resolution of credibility issues with respect to the testimony of the victim is entitled to great deference" (People v. DiTucci, 81 A.D.3d 1249, 1250, 916 N.Y.S.2d 424, lv. denied 17 N.Y.3d 794, 929 N.Y.S.2d 102, 952 N.E.2d 1097 ). Defendant further contends that County Court abused its discretion in admitting in evidence a crime scene video depicting the victim after the shooting because, although it concededly was relevant, it was highly prejudicial. We reject that contention (see People v. Stevens, 76 N.Y.2d 833, 835, 560 N.Y.S.2d 119, 559 N.E.2d 1278 ; People v. Pobliner, 32 N.Y.2d 356, 369–370, 345 N.Y.S.2d 482, 298 N.E.2d 637, rearg. denied 33 N.Y.2d 657, 348 N.Y.S.2d 1030, 303 N.E.2d 710, cert. denied 416 U.S. 905, 94 S.Ct. 1609, 40 L.Ed.2d 110 ; People v. Garcia, 143 A.D.3d 1283, 1283–1284, 39 N.Y.S.3d 572 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
To continue reading
Request your trial-
People v. White
...348 N.Y.S.2d 1030, 303 N.E.2d 710, cert. denied 416 U.S. 905, 94 S.Ct. 1609, 40 L.Ed.2d 110 ; People v. Payton, 147 A.D.3d 1354, 1354, 45 N.Y.S.3d 838 ). Furthermore, "the trial court balanced the photographs' probative value 62 N.Y.S.3d 239against their potential for prejudice by limiting ......
-
People v. Clark
...the requisite "unequivocal assurance of impartiality" ( Arnold, 96 N.Y.2d at 364, 729 N.Y.S.2d 51, 753 N.E.2d 846 ; see Betances, 147 A.D.3d at 1354, 45 N.Y.S.3d 750 ) and instead represented that she would retain that opinion even if the court instructed the jury not to presume or conclude......
-
People v. Betances
...questions, prospective juror No. 13 indicated that she had wondered what defendant did wrong when she first walked into the courtroom, 147 A.D.3d 1354and that "obviously" she felt that "he must have done something wrong or he wouldn't have" been in court. The court asked follow-up questions......
-
People v. Harris
...147 A.D.3d 135446 N.Y.S.3d 7462017 N.Y. Slip Op. 00806The PEOPLE of the State of New York, Respondent,v.Timothy HARRIS, Defendant–Appellant.Supreme Court, Appellate Division, Fourth Department, New York.Feb. 3, 2017. 46 N.Y.S.3d 748The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. ......